(영문) 인천지방법원 2018.05.30 2018노573 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.05.30 2018노573

도로교통법위반(음주운전)

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact-misunderstanding (not guilty in the reasoning of the judgment below) that the Defendant’s alcohol content among the blood by a breath measurement after 3 minutes from the time when driving was completed, is 0.102%, and that a drinking measuring instrument used by the police was corrected most favorable to the driver, so if the alcohol content among blood was measured by 0.102%, if the blood alcohol content is measured by 0.102%, the actual blood content is more likely to have been higher, and that the Defendant’s blood alcohol content among blood by a blood measurement after 34 minutes from the time when driving was completed by the Defendant is 0.127%, it is sufficiently recognized that the Defendant was under the influence of alcohol at least 0.127% in the blood alcohol concentration (under the blood alcohol concentration at least 0.1% in the blood alcohol content) on August 4, 2017.

B. The sentence sentenced by the lower court to the Defendant (2.5 million won in penalty) is too unhued and unfair.

2. Determination

A. The lower court reasoned that the Defendant’s blood alcohol content exceeds 0.1%, which is the penalty standard under Article 148-2(2)2 of the Road Traffic Act, based on the evidence submitted by the prosecutor alone while explaining the grounds for determination in detail.

Considering that it cannot be readily concluded, this part of the facts charged was acquitted.

The above judgment of the court below is just in light of the evidence duly adopted and examined by the court below and the reasoning of the court below.

Therefore, the prosecutor's assertion that the judgment of the court below that acquitted the defendant of this part of the facts charged is erroneous is without merit.

B. Taking into account the factors asserted by the prosecutor on the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, even if considering the circumstances asserted by the prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

유사 판례

-인천지방법원 2018.01.10 2017노4109

-서울남부지방법원 2017.06.29 2016노1950

-서울중앙지방법원 2017.08.23 2017고정390

-의정부지방법원 2017.11.06 2017노2383

-제주지방법원 2016.06.30 2015고정1062